我国是道路交通事故死亡人数最高的国家,交通事故频繁发生,有些只是交通肇事行为,而有些却构成了交通肇事罪,同样是交通事故,为何事故当事人所受的处罚及所负责任相差甚远,因此有必要对交通肇事行为与交通肇事罪之间做一个界定。本文通过对犯罪的四个构成要件的分析,阐述了交通肇事行为与交通肇事罪之间的界限。 China is the country with the highest death toll from road accidents. Traffic accidents happen frequently. Some are only traffic accidents, while others constitute crime of traffic accident. It is also a traffic accident. The reason why the parties involved in the accident are far away from the responsibility and punishment Therefore, it is necessary to make a definition between the traffic accident and the crime of traffic accident. Through the analysis of the four components of the crime, this article elaborates the boundary between the traffic accident and the crime of traffic accident.